10.1 - Formal Position and Public Comment: U.S. Copyright Office Proposed Fee Schedule (Docket No. 2026-2)
The U.S. Copyright Office has issued a proposed fee schedule (Docket No. 2026-2) aimed at funding IT modernization and addressing inflationary costs. While these goals are valid, the proposed structure includes a significant shift that disproportionately burdens the residential design profession: the elimination of the "Single Application" filing option.
Given that a substantial portion of our membership consists of sole proprietors, this change represents a nearly 90% cost increase for basic intellectual property protection.
Key Areas of Concern
- Disproportionate Impact on "Solopreneurs": Approximately 50% of firms in the residential architectural industry operate as sole proprietors. The removal of the $45 "Single Application" forces these individuals into the $85 "Standard Application," a steep hike for the same level of service.
- Barrier to Intellectual Property Protection: Our members rely on the copyright of architectural works and technical drawings. Increasing entry costs discourages voluntary registration, which weakens the public record and leaves designers vulnerable to infringement without the recourse of statutory damages.
- Economic Timing: Implementing high fee increases during periods of economic volatility creates a financial barrier that may prevent small-firm designers from securing the legal protections necessary to defend their livelihoods.
Recommendation
AIBD should take a proactive stance by submitting a formal comment to the U.S. Copyright Office. Our position advocates for the retention of the Single Application or, at a minimum, a fee structure for Standard Applications that remains accessible to individual creators.
Proposed Motion
Motion: That the AIBD Board of Directors take an official position opposing the proposed elimination of the "Single Application" and the substantial fee increases outlined in Docket No. 2026-2; and further, that the Board authorizes the submission of a formal comment to the U.S. Copyright Office on behalf of the Association.
Draft Comment for Submission:
"On behalf of the American Institute of Building Design (AIBD), we are writing to formally comment on the proposed fee schedule (Docket No. 2026-2). While we understand the necessity of IT modernization, we have significant concerns regarding the impact on residential design professionals, particularly small businesses.
Within the residential architectural industry, 50% of firms operate as sole proprietors. The proposed elimination of the 'Single Application' directly penalizes this majority by forcing them into the 'Standard Application,' effectively increasing registration costs from $45 to $85. This nearly 90% hike discourages individual designers from participating in the voluntary registration system, weakening the public record and creating economic barriers to enforcing their rights through statutory damages.
We urge the Office to maintain either the Single Application or a fee structure that remains accessible to sole proprietors, who constitute half of our professional community. Eliminating the Single Application while keeping the current Standard Application fee of $65 would result in a 40% price increase for these individuals.